26ACondition—compliance with the tuition protection requirements

#### 26A Condition—compliance with the tuition protection requirements (1) This section applies to a registered higher education provider if Part 5A applies to the provider. (2) The provider must comply with the tuition protection requirements. (3) The tuition protection requirements are: (a) the requirements set out in this section, Part 5A and the Up‑front Payments Guidelines; and (b) the requirements set out in the Up‑front Payments Guidelines for the purposes of this paragraph. (4) The provider must pay the following when it is due and payable by the provider: (a) up‑front payments tuition protection levy; (b) any penalty for late payment of up‑front payments tuition protection levy. > Note 1: Up‑front payments tuition protection levy is imposed by the Higher Education (Up‑front Payments Tuition Protection Levy) Act 2020. > Note 2: An amount equal to each amount of up‑front payments tuition protection levy received from a registered higher education provider is credited to the Higher Education Tuition Protection Fund: see paragraph 167‑5(aa) of the Higher Education Support Act 2003. > Note 3: The Higher Education Tuition Protection Fund Advisory Board advises the Higher Education Tuition Protection Director in relation to certain components of the up‑front payments tuition protection levy: see paragraph 167‑35(1)(b) of the Higher Education Support Act 2003. (5) The Up‑front Payments Guidelines may make provision for, or in relation to, all or any of the following matters: (a) the issue of notices setting out the amount of up‑front payments tuition protection levy payable by a provider; (b) when up‑front payments tuition protection levy is due and payable; (c) the issue of notices extending the time for payment of up‑front payments tuition protection levy; (d) penalties for late payment of up‑front payments tuition protection levy; (e) to whom up‑front payments tuition protection levy and any penalties for late payment are payable; (f) the refund, remission or waiver of up‑front payments tuition protection levy or penalties for late payment; (g) the review of decisions made under the Up‑front Payments Guidelines in relation to the collection or recovery of up‑front payments tuition protection levy; (h) any other matters relating to the collection or recovery of up‑front payments tuition protection levy. (6) The Up‑front Payments Guidelines may, for the purposes of paragraph 167‑10(1)(b) of the Higher Education Support Act 2003, make provision for, or in relation to, payments made in connection with the tuition protection requirements, including in relation to the following: (a) the circumstances in which payments may be made; (b) amounts of different kinds of payments; (c) methods for calculating different kinds of payments. > Note: For example, the Up‑front Payments Guidelines may provide that a provider of a replacement course may receive a transfer payment if a student accepts an offer of a replacement course with the provider. Information and documents related to tuition protection (7) The Up‑front Payments Guidelines may specify either or both of the following: (a) information or documents that a registered higher education provider must keep records of for the purposes of the tuition protection requirements; (b) information or documents that a registered higher education provider must give to the Secretary in accordance with subsection (8). (8) The information and documents mentioned in paragraph (7)(b) must be given to the Secretary: (a) within the period specified by the Secretary; and (b) in the manner and form approved by the Secretary. (9) Without limiting subsection (7), the information and documents may relate to one or more of the following: (a) the provider’s domestic students (including information and documents relating to each student’s enrolment, progression in units of study and results); (b) the provider’s tuition fees, including the amount of any up‑front payments received for each domestic student for a unit of study; (c) identifying information about the provider’s domestic students, including the full names and contact details of the students; (d) any other matter related to tuition protection under this Act.